AR - Aaron Spencer, 36, a man was stalking his 14 yo dau, killed him, faces 1st degree murder charge, Lonoke County, 8 Oct 2024

[NuttMegg]

McCain testified he removed the SD card and reviewed four 15-minute videos, but he admitted he did not watch them in full, contradicting his affidavit.

I would have made copies, LE would have too.

Inside the truck there were 6 more SD cards.plus computers etc. Never reviewed.

 

[Rosydecember]

I wonder if any LE ever saw it, the SD. Fosler could have taken the SD memory out before he picked up the minor, then a naive LEO could have just recoveted the dashcam, not even knowing about the internal SD. That would be extremely stupid of F to keep it running during sucj a crime. But I don't understand the atty saying they could still hear the audio. That should be on the sd card too.

I just reread it, defense atty does say they can still use the audio. That's beyond my knowledge of dash cams, having a separate copy of just the sound. Which would akso be exceedingly stupid to keep running while he kidnaps a minor.

From the second article/bottom article:

“The defense said even the audio from the dash cam could have been critical.”

I think what the defense is trying to say is that even if the altercation took place NOT in front of the vehicle/dash cam, that the audio itself would still be relevant. You would hear what words were exchanged, etc.

 

[Rosydecember]

"While the defense said sound from the video would let us know what happened in real-time. "

Ok I think they mean that if the SD card would have been preserved (and assuming the camera was on), the camera would have picked up the sound even while the camera wasn't aimed at anyone, before and during the fight. Duh

Yes exactly

 

[NuttMegg]

From the second article/bottom article:

“The defense said even the audio from the dash cam could have been critical.”

I think what the defense is trying to say is that even if the altercation took place NOT in front of the vehicle/dash cam, that the audio itself would still be relevant. You would hear what words were exchanged, etc.

You're right, but it was said a different way in one of the articles

"While the defense said sound from the video would let us know what happened in real-time. " That's what led me down the rabbit hole.

 

[elliefant]

I wonder if they are prosecuting him because you can’t have people taking the law (& lives) into their own hands but LE’s hearts are not really in it because of who the murdered man was. This might mean they wouldn’t be too upset if the prosecution’s case was weakened.

 

[musicaljoke]

I wonder if they are prosecuting him because you can’t have people taking the law (& lives) into their own hands but LE’s hearts are not really in it because of who the murdered man was. This might mean they wouldn’t be too upset if the prosecution’s case was weakened.

That could be true. If so, it suggests that if the investigation had been careful and presented accurately, then the police believe the suspect would most likely be found guilty of murder.

It is not up to the police to sway the outcome one way or the other. The duty to determine guilt or innocence lies with the jury who can only determine justice when they have the facts of the case.

 

[Knox]

Attorneys for Aaron Spencer ask judge to recuse herself, expand public access to trial

In filings made late last week, attorneys for Aaron Spencer asked the Arkansas Supreme Court to take action regarding recent orders by Judge Barbara Elmore.

www.thv11.com

 

[bootsinmass]

IMO, she should have already recused herself given that her ruling on the other case is one of the major points of contention that led to this one.

Funny how often we see the courts protect and defend confirmed criminals, but vilify vigilantism. JMO, but fewer people would need to take matters into their own hands if the system took them seriously. Not directly related, but thinking of the young women in prison for killing their traffickers. Imagine getting years more hard time than the person who held you captive and abused you.

Worked up today about the lack of justice

 

[Knox]

Aaron Spencer trial on hold after state Supreme Court removes judge from case - Arkansas Times

The high court also rescinded an order issued by Judge Barbara Elmore that would have closed the courtroom to most members of the public and media.

arktimes.com

 

[Knox]

In its decision, the Court vacated the gag order imposed by Judge Barbara Elmore, removed her from further involvement in the case, and stayed the prosecution until a special circuit judge is appointed.

Judge Removed as Arkansas Supreme Court Intervenes in Aaron Spencer Case

The Arkansas Supreme Court has intervened directly in the trial court’s handling of the case in the Aaron Spencer case.

katv.com

 

[Knox]

Judge says she won't recuse herself from trial of Aaron Spencer

Following a motion filed by Aaron Spencer's attorneys, Judge Barbara Elmore announced this week that she will not recuse herself from Spencer's upcoming trial.

www.thv11.com

Maybe she didn’t see that ruling coming….

 

[Cryptic]

Number one, people who live in rural areas do not have time to wait for someone to come rescue them. That is not a condition of self-defense. Secondly, a minor child does not have "freewill" to leave with an adult male who they have a protection order from. Thirdly, I already explained that "self-defense" here applies to defending the minor child who was in possession of her rapist whom she had a protection order from. There is no defense for the RAPIST here.

I fully agree with the bolded part- providing all the assertions made by the defense are factual.

Baring exceptional circumstances such as baiting, or luring, I cant see why he is being prosecuted. The prosecution has stated that additional evidence will be presented at trial. But, neither they, nor the defense has stated what it is.

 

[CJ1868]

Well, that flips the script, doesn't it?

We don't live in a country...

As much as I HATE the situation (his daughter being violated), we don't do vigilante justice here.

It is pretty clear he had a thousand off ramps to alert LE and let LE handle the situation but that isn't what he wanted nor what he set out to do. He put the target on that offender and intended to kill him fin the start IMO.

Rage the jury can relate to (in that circumstance) but riddling a man with bullets because you want to exert your own brand of justice, I don't know that a jury will be so understanding of that level of pre-meditation.

I'll be watching.

JMO

In the linked article at the very bottom last line. Was this link to the response from the defense. It’s a pretty interesting read also. (Pretty much breaks down everything. IMO) but will try to post direct link to the court document

Legal Response in Case of Aaron Spencer of Lonoke County | PDF | Rape | Foster Care

Aaron Spencer is charged with the second-degree murder of Michael Fosler, whom he claims he shot in defense of his daughter, who had been sexually assaulted by Fosler. Spencer argues that he acted under justification laws in Arkansas, asserting that the State must disprove his defenses beyond a...

www.scribd.com

 

[wendybtn]

I am surprised a grand jury didn't 'no bill' this case. Maybe they don't use the grand jury in Arkansas like they do here in Tennessee.

 

[CJ1868]

He won the GOP. Primary against sitting sheriff and another GOP opponent.

Arkansas man charged with murder wins GOP primary in sheriff's election

Aaron Spencer is charged with killing a man accused of sexually abusing Spencer's teenage daughter, which Spencer says inspired his run for office.

www.nbcnews.com

 

[Knox]

Date set for Aaron Spencer's murder trial | What we know

After winning the Republican primary just two weeks ago, Aaron Spencer's jury trial date has been set as he faces second degree murder charges. Here's what we know.

www.thv11.com

Next hearing date is April 29th.
Trial begins June 22nd.
Retired Circuit Judge chosen to replace previous Judge who was removed.

 

[Tee7077]

He won the GOP. Primary against sitting sheriff and another GOP opponent.

Arkansas man charged with murder wins GOP primary in sheriff's election

Aaron Spencer is charged with killing a man accused of sexually abusing Spencer's teenage daughter, which Spencer says inspired his run for office.

www.nbcnews.com

I was going to donate to his campaign but I donated to Luigi Mangiones defense instead

 

[imstilla.grandma]

The defense team for Aaron Spencer, a Lonoke County sheriff candidate accused of second-degree murder, secured multiple wins at a pre-trial hearing held on Thursday.
The hearing was held before Judge Ralph Wilson of Osceola, a retired judge who took the case after the Arkansas Supreme Court removed Judge Barbara Elmore back in January.

Spencer’s attorneys made three main points about the case, which involves Spencer killingMichael Fosler, the alleged abuser of his underage daughter.

Fosler had been accused of sexually abusing the girl and was out on bond in late 2024 when she ended up in his vehicle again, which led to Spencer chasing and killing him.

Spencer has since gained supporters from across the country, leading to his election campaign and Republican primary win in March.
However, the third point the defense made on Thursday was likely the most relevant.

It concerns an SD card that was in Fosler’s dash camera, which has since been lost by Lonoke County law enforcement.

The defense argued that the missing card likely would’ve helped their case, as it could’ve shown Fosler refusing to stop and release the girl before his killing.
However, it was not given to the Arkansas Attorney General’s Office and instead sat in the office of a Lonoke County detective, who ultimately lost it.

The defense argued that this showed incompetence at best, and malice at worst, and could be grounds to dismiss the case or instruct the jury to view the missing evidence as favorable towards Spencer.

Aaron Spencer hearing in Lonoke County sees multiple wins for defense team | What to know

At Thursday's pre-trial hearing, Aaron Spencer's defense team secured favorable decisions on who can testify at trial and what should be done about missing evidence.

www.thv11.com